Concealed weapons permit issuance.

2017
STATE OF WYOMING
17LSO-0623
ENGROSSED
2.1

HOUSE BILL

NO.

HB0223

Concealed weapons permit issuance.

Sponsored by:
Representative(s) Baker, Blake, Jennings and Lindholm and Senator(s) Bouchard

A BILL

for

AN ACT relating to concealed weapons; modifying provisions related to the issuance of a concealed weapon permit; amending provision regarding effect of denial of a permit; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 6
‑
8
‑
104(
a)(iii), (g),
(m)(intro) and (ii)

is amended to read:

6
‑
8
‑
104
.

Wearing or carrying concealed weapons; penalties; exceptions; permits.

(a)

A person who wears or carries a concealed deadly weapon is guilty of a misdemeanor punishable by a fine of
not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for not more than six (6) months, or both for a first offense, or a felony punishable by a fine of not more than two thousand dollars ($2,000.00), imprisonment for not more than two (2) years, or both, for a second or subsequent offense, unless:

(iii)

The person holds a valid permit authorizing him to carry a concealed firearm authorized and issued by a governmental agency or entity in another state that recognizes Wyoming permits and is a valid statewide permit
.
A permit issued in another state shall not be a valid statewide permit if the person holding the permit has been denied a permit under this section and remains ineligible for a permit under this section
; or

(g)

The sheriff of the applicant's county of residence shall submit a written report to the division containing any information that he feels may be pertinent to
the issuance of a permit to any

applicant
. The written report shall state

complete and specific
facts known to the sheriff which establish reasonable grounds to believe that the applicant has been or is reasonably likely to be a
danger to
himself or others, or to the community at large as a result of the applicant's mental or psychological state, as demonstrated by a past pattern or practice of behavior, or participation in incidents involving a controlled substance, alcohol abuse, violence or threats of violence
.

as
The report shall identify how the factual basis for each incident reported was established, including whether the information was found in records of the sheriff's office or of another governmental entity, and specify how the sheriff believes

these incidents relate to criteria listed in this section. The written report shall be made within thirty (30) days after the date the sheriff receives the copy of the application. The sheriff of the applicant's county of residence shall notify the chief of police, if any, of the applicant's place of residence of the application for a concealed
firearm permit
by the applicant. The chief of police shall submit written comments to the division
under
in accordance with

the guidelines prescribed in this section. Submitted comments

shall not be considered a public record

but shall be made available to the applicant as provided in paragraph (m
)(
ii) of this section
.

(m)

The division shall,
upon receipt of any report
or comments
provided under subsection (g) of this section
,
mail a copy of the report
or comments
to the applicant by first class mail unless release of the report
or comments
would disclose the existence of an active law enforcement investigation other than an investigation related solely to the application. The division shall include in the mailing
,
notice that the applicant has a right to submit, within fifteen (15) days, any additional information regarding any fact or other information contained within the report
and comments
. The division shall

within sixty (60) days after the date of receipt of the items listed in subsection (e) of this section, either:

(ii)

Deny the application based on the ground that the applicant fails to qualify under the criteria listed in this section
or upon
reasonable grounds for denial specified
a determination by the division that the specific and complete facts reported

under subsection (g) of this section
, together with any subsequent investigation by the division,
establish
reasonable grounds to believe the criteria of that subsection have been met
.

If the division denies the application, it shall notify the
applicant in writing, stating the
specific facts establishing

grounds for denial
, together with reference to the specific statutory ground for denial,

and
informing the applicant of a right to submit, within thirty (30) days, any additional documentation

disputing any fact provided or otherwise
relating to the grounds of denial. Upon receiving any additional documentation, the division shall reconsider its decision and inform the applicant within twenty (20) days of the result of the reconsideration. The applicant shall further be informed of the right to seek review of the denial in the district court pursuant to the Wyoming Administrative Procedure Act, W.S. 16
‑
3
‑
101 through 16
‑
3
‑
115.
No person who is denied a permit under this section shall carry a concealed firearm under a permit issued in another state, so long as he remains a resident of this state, and he remains ineligible for a permit in this state.

Section 2
.

This
act is effective July 1,
201
7
.

(END)

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HB0223